I B C Archives - Page 5 of 9 - Supreme Court of India Judgements

October 28, 2025 12:19 am

IBC – Application under Section 7 not barred if there were an acknowledgement of the debt by the Corporate Debtor before expiry of the period of limitation of three years, in which case the period of limitation would get extended by a further period of three years.

Aug 14, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH ASSET RECONSTRUCTION COMPANY (INDIA) LIMITED — Appellant Vs. TULIP STAR HOTELS LIMITED AND OTHERS — Respondent ( Before : Indira Banerjee and J.K. Maheshwari,…

I B C

Insolvency and Bankruptcy Code, 2016 – Sections 7 and 7(5)(b) – An appeal being the continuation of original proceedings, the provision of Section 7(5)(b) of the IBC, of notifying the Financial Creditor before rejection of a claim, would be attracted

Aug 8, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH KOTAK MAHINDRA BANK LIMITED — Appellant Vs. KEW PRECISION PARTS PRIVATE LIMITED AND OTHERS — Respondent ( Before : Indira Banerjee and J.K. Maheshwari,…

I B C

IBC – when admission is opposed on the ground of existence of an award or a decree in favour of the Corporate Debtor, and the Awarded/decretal amount exceeds the amount of the debt, the Adjudicating Authority would have to exercise its discretion under Section 7(5)(a) of the IBC to keep the admission of the application of the Financial Creditor in abeyance

Jul 14, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH VIDARBHA INDUSTRIES POWER LIMITED — Appellant Vs. AXIS BANK LIMITED — Respondent ( Before : Indira Banerjee and J.K. Maheshwari, JJ. ) Civil Appeal…

I B C

CIRP – Recovery Certificate Holder – Limitation period – the holder of such certificate would be entitled to initiate Corporate Insolvency Resolution Process (CIRP), if initiated within a period of three years from the date of issuance of the Recovery Certificate.

Jun 19, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH KOTAK MAHINDRA BANK LIMITED — Appellant Vs. A. BALAKRISHNAN AND ANOTHER — Respondent ( Before : L. Nageswara Rao, B.R. Gavai and A.S. Bopanna,…

I B C

IBC, 2016 – HELD in the interest of all the stakeholders to permit settlement and withdraw CIRP, the adjudicating authority or the appellate authority cannot sit in an appeal over the commercial wisdom of CoC

Jun 19, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH VALLAL RCK — Appellant Vs. M/S SIVA INDUSTRIES AND HOLDINGS LIMITED AND OTHERS — Respondent ( Before : B.R. Gavai and Hima Kohli, JJ.…

I B C

Recovery Certificate – would be a “financial debt” – the holder of such certificate would be entitled to initiate Corporate Insolvency Resolution Process (CIRP), if initiated within a period of three years from the date of issuance of the Recovery Certificate.

Jun 4, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH KOTAK MAHINDRA BANK LIMITED — Appellant Vs. A. BALAKRISHNAN AND ANOTHER — Respondent ( Before : L. Nageswara Rao, B.R. Gavai and A.S. Bopanna,…

I B C

Bank could not have continued the proceedings under the SARFAESI Act once the Corporate Insolvency Resolution (CIRP) was initiated and the moratorium was ordered.

May 28, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH INDIAN OVERSEAS BANK — Appellant Vs. M/S RCM INFRASTRUCTURE LTD. AND ANOTHER — Respondent ( Before : L. Nageswara Rao and B.R. Gavai, JJ.…

I B C

NOIDA is not a financial creditor, it would constitute an operational creditor. Appeal dismissed

May 28, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY — Appellant Vs. ANAND SONBHADRA — Respondent ( Before : K.M. Joseph And Hrishikesh Roy, JJ. ) Civil Appeal…

I B C

Insolvency and Bankruptcy Code, 2016 – Sections 7 and 12A – Real estate project – the Promoter has filed a specific undertaking specifying therein that the cost of the flat would not be escalated and that he would honour the BBA signed by the previous management – Promoter is permitted to complete the project as per the deliberations.

May 1, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ANAND MURTI — Appellant Vs. SONI INFRATECH PRIVATE LIMITED AND ANOTHER — Respondent ( Before : L. Nageswara Rao and B.R. Gavai, JJ. )…

I B C

Insolvency and Bankruptcy Code, 2016 – Section 53(1)(a) and 5(13) – Insolvency resolution process costs – Dues towards the wages/salaries of only those workmen/employees who actually worked during the Corporate Insolvency Resolution Process (CIRP) are to be included in the CIRP costs

Apr 23, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SUNIL KUMAR JAIN AND OTHERS — Appellant Vs. SUNDARESH BHATT AND OTHERS — Respondent ( Before : M.R. Shah and Aniruddha Bose, JJ. )…

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Transfer Of Property Act

Transfer of Property Act, 1882 — Sections 54, 55 — Agreement to Sell vs. Sale Deed — An agreement to sell by itself does not create any interest or charge on the property. Ownership passes only upon execution of a conveyance (sale deed). An agreement to sell, even with possession, is not a conveyance and does not confer title or transfer interest, except for the limited right under Section 53-A for protection against the transferor.

Oct 26, 2025 sclaw

Bail Granted Cr P C

Criminal Procedure Code, 1973 (CrPC) — Suspension of Sentence — Bail Pending Appeal — Appellant incarcerated for over seven and a half years, appeal pending before High Court for years — Sufficient grounds exist for suspension of sentence and release on bail during appeal pendency — Order of High Court declining to suspend sentence set aside

Oct 26, 2025 sclaw

Anticipatory Bail Bail Granted

Bharatiya Nyaya Sanhita, 2023 — Sections 298, 299, 296, 115(2), 351(2) & Chhattisgarh Religion Act, 1968 — Section 4 — Bail in anticipation of arrest — Appellant joined investigation as directed by the court — High Court rejected bail application — Supreme Court considered materials on record and found appeal deserving acceptance — Appellant admitted to bail in anticipation of arrest.

Oct 26, 2025 sclaw

Bail Granted

Penal Code, 1860 (IPC) — Sections 394, 395, and 397 — Robbery and Attempt to Commit Robbery — Conviction and Sentencing — Appeal for suspension of sentence and bail — Appellants convicted by Trial Court for offences under Sections 394, 395, and 397 IPC. High Court confirmed conviction under Section 397 IPC and modified sentence to 8 years rigorous imprisonment, while holding no separate conviction for Sections 394 and 395 IPC.

Oct 26, 2025 sclaw

Category: I B C

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